Sunday, August 11, 2013

Anti-call center outsourcing bill to impact Indian call center market

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To require the Secretary of Labor to maintain a publicly available list of all employers that relocate a call center overseas, to make such companies ineligible for Federal grants or guaranteed loans, and to require disclosure of the physical location of business agents engaging in customer service communications, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,This Act may be cited as the ‘‘The United States Call  Center Worker and Consumer Protection Act of 2013’’.

CALL CENTER.—The term ‘‘call center’’ means a facility or other operation whereby employees receive incoming telephone calls, emails, or other electronic communication for the purpose of providing customer assistance or other service

BUSINESS ENTITY.—The term ‘‘business entity’’ means any organization, corporation, trust,
partnership, sole proprietorship, unincorporated association, or venture established to make a profit, in
whole or in part, by purposefully availing itself of the privilege of conducting commerce in the United States.

EMPLOYER.—The term ‘‘employer’’ means any business enterprise that employs in a call center—

(A) 50 or more employees, excluding time employees; or
(B) 50 or more employees who in the aggregate work at least 1,500 hours per week exclusive of hours of overtime).

PART-TIME EMPLOYEE.—The term Part time employee’’ means an employee who is employed for an average of fewer than 20 hours per week or who has been employed for fewer than 6 of the 12
months preceding the date on which notice is required.

LIST OF CALL CENTERS RELOCATING OVERSEAS AND INELIGIBILITY FOR GRANTS OR GUARANTEED LOANS.

NOTICE REQUIREMENT: IN GENERAL.—Not fewer than 120 days before relocating a call center to a location outside of the United States, an employer shall notify the Secretary of such relocation.

PENALTY.—A person who violates sub paragraph (A) shall be subject to a civil penalty not to exceed $10,000 for each day of violation.